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Cheryl Lynn Fratello’s Answers

Cheryl has answered 9 questions

  • Estate appointee after death

    Asked by a user in North Babylon, NY - over 4 years ago.

    If there has been no previous probate or administration proceeding, and the estate is under $30,000.00, you can start a small estate administration in Surrogate's Court in the County of your father's...

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  • Assest Protection relative to qualifing for Medicaid

    Asked by a user in Brooklyn, NY - over 4 years ago.

    First, the answer to your question depends on which Medicaid program the applicant is applying and several other factors. Under New York law, a certified disabled child must live in the Medicaid...

    1 lawyer agreed with this answer

  • Is it required or mandatory In Nassau County , NY To send out Letters of Petetion/ Trusteeship to all of the mentioned....

    Asked by a user in Long Beach, NY - over 4 years ago.

    Under the Surrogate’s Court Procedure Act, necessary parties (specifically listed in the statute) must be served with a Citation. Other persons in the will who are not entitled to receive a Citation...

  • What is definition of caetaker child as respects protecting assets (the home) in respects to Medicaid?

    Asked by a user in Brooklyn, NY - over 4 years ago.

    In New York State, a Medicaid applicant may transfer the homestead, without penalty, to his/her adult child who RESIDED in the Medicaid applicant's home for at least 2 years, immediately prior to the...

  • Protecting a 401k from Medicaid

    Asked by a user in New York, NY - over 4 years ago.

    According to current law, retirement accounts are exempt as resouces when qualifying for Medicaid. However, income from retirement accounts are generally not exempt. That being said, there are...

    1 lawyer agreed with this answer

  • What is the time for probate?

    Asked by a user in Selden, NY - over 4 years ago.

    You should certainly contact an estate attorney right away. In New York State, an estate attorney handles the majority of the probate proceeding. The Court cannot take away your right to letters...

  • My uncle, who resides in NY state is currently in a coma. My father has a medical power of attorney, but not a general one.

    Asked by a user in New York, NY - over 4 years ago.

    You should contact an attorney that handles guardianship matters, such as an elder law attorney. An attorney should review the documents that are currently in place and review how your Uncle's...

  • Selling mom's house

    Asked by a user in Elmira, NY - over 4 years ago.

    Many real estate sellers in your situation are able to sell a home that is in need of additional repairs. The real estate contract of sale can be structured for an "as-is" sale, with the terms of...

  • I need advice on coop sale that is estate..i am executor

    Asked by a user in New York, NY - over 4 years ago.

    It is always preferable for a seller to be present at closing; however, you may be able to pre-sign all documents before the closing. Talk to your real estate attorney about pre-signing the documents.